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Friday, July 15, 2005

Wisconsin Supreme Court strikes Down Malpractice Limit for Pain, Suffering. Impact unclear

The Janesville Gazette is reporting this morn that the Wisconsin Supreme Court has struck down limits for medical malpractice pain and suffering awards. Click on the post to read the entire story.

In some press coverage of this event, there is speculation that this is part of a trend that will undermine the affordability and access to health care for rural Wisconsin residents since physicians may not be able to afford to deliver care in the rural areas. In the past decade, the limits have caused an influx of physicians from other states where malpractice insurance has skyrocketed. This trend may be reversed if Wisconsin joins the list of states where these costs have rocketed upward.

However, there are others who feel that the 1995 law that set the limit of $350,000 just needs to be revised to a more "rational basis." This is a story that is developing.

1 comment:

  1. Anonymous9:05 PM

    The Bush adminstrations penchant for doing the 'tort reform' bidding of his corporate sponsors, principally from his days as governor of Texas, now trickles down to nearly every discussion of health care reform anywhere in this country. According to the non-partisan Congressional Budget Office, there is “no evidence that restrictions on tort liability reduce medical spending.” So if you really want to believe all that "frivolous lawsuit" retoric the Republicans hand out, you'd be wise not holding your breath while you wait for your insurance premiums to go down. It didn't happen in California when they instituted caps and it won't happen anywhere else because it's simply a red herring designed to placate right wing sensibilities in their justification to maximize profit. It has nothing to do with looking out for the health care of country.

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